OXNARD : State Says City Can Settle Suits Privately

The Oxnard City Council is on solid legal ground in settling lawsuits in private, according to an opinion sent to the Ventura County district attorney by the state attorney general’s office.

In issuing the opinion requested by Dist. Atty. Michael D. Bradbury, Deputy Atty. Gen. Clayton P. Roche said the Ralph M. Brown Act authorizes public bodies to take action in private as part of attorney-client privilege.

In a 1968 case cited by Roche, the state Court of Appeal ruled that “public agencies face the same hard realities as other civil litigants. An attorney who cannot confer with his client outside his opponent’s presence may be under insurmountable handicaps.”

Deputy Dist. Atty. Donald D. Coleman said the opinion has clarified the issue.

“Whether we disagree or agree is not important,” Coleman said.

However, Coleman said he wholeheartedly endorses a proposed bill in the state Senate that would prohibit closed sessions on pending litigation.

“Our public certainly has a right to know what’s occurring in those situations,” Coleman said.

The opinion was sent to Bradbury after he had questioned whether the Oxnard City Council was violating public access laws by reaching settlement on lawsuits against the city in closed sessions. In releasing a copy of the opinion, Oxnard City Atty. Gary L. Gillig said he was extremely pleased to have the attorney general support the city’s position.

“While the Attorney General’s Opinion does not have the stature of a court decision on the subject, the courts often give great deference to the Attorney General’s viewpoint on such matters,” Gillig said in a memo to the Oxnard council.